Auto Insurance Claims: Not sure whos at fault?, parking lot accidents, point of impact


Question
I was backing out of a space in a parking lot after checking that behind and to the side in the direction that I was backing was clear.  The 3 spaces next to me were empty and I could see no one behind me, so I began to back.  When I had almost completed backing and was about to brake and switch into drive, I heard a honk beside me, but was not able to stop or switch into drive before the rear right corner of my car hit just above the rear left tire of a car pulling into a space next to where I had been parked.  I did not see this car pull up and assumed the fault must have been mine, but I thought I would check before paying the damages.

Answer
Hi Stacey,

Parking lot accidents are some of the most difficult to determine liability. With out hearing both sides of the story and inspecting both vehicles to do a point of impact analysis I can not say who is at fault. The likely scenario though, is that it should be 50/50.  You should offer to pay 50% of the damage in exchange for a signed release form. If the other driver refuses you can negotiate until you are both satisfied. Otherwise let your insurance company handle it.

I hope this helps
Richard Hixenbaugh